ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 23 October 2019 
DOCKET NUMBER: AR20180002873

APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the 
United States Report of Transfer or Discharge) to show he separated in the 
rank/grade of Specialist Four (SP4)/E-4 instead of Private First Class (PFC)/E-3

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:
DD Form 149 (Application for Correction of Military Record) 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file.

2.	The applicant states he was promoted to SP4/E-4 prior to getting out of the 
military.

3.	A review of the applicant’s service record shows:

   a.	He was inducted into the Army of the United States on 10 December 1962.

   b.	Per his DA Form 24 (Service Record), he was promoted on the following 
occasions:

*	to Private/E-1 on 10 December 1962
*	to Private/E-2 on 10 April 1963
*	to PFC/E-3 on 21 May 1964 with an effective date of 17 December 1963

   c.	He was honorably released from active duty and transferred to the United 
States Army Reserve (USAR) on 21 October 1964. His DD Form 214 contains the 
following entries:

*	item 3a (Grade, Rate or Rank), PFC/E-3 (P)
*	item 3b (Date of Rank), 17 December 1963




   d.	The applicant was discharged from the USAR effective 30 November 1968 in 
the rank/ grade of PFC/E-3.

   e.	The applicant’s record is void of evidence of promotion to SP4/E-4 at any 
point during his military service.

4.	By regulation, enter grade in which serving at time of separation indicating 
whether permanent or temporary. Pay grade will also be shown. Example: “MSgt 
(P) (E-7)” or “MSgt (T) (E-7).”


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the 
relief was not warranted. The applicant’s contentions were carefully considered. He 
contends he was promoted from PFC to SPC prior to his separation. His record is 
absent evidence showing he was promoted to the rank of SPC during the period of 
active service covered by his DD Form 214. The Board agreed there is insufficient 
evidence to grant relief.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
X
X
DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice. Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.


1/21/2020

X	
CHAIRPERSON
Signed by: 
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


REFERENCES:

1.	Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice. 
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.	Army Regulation (AR) 15-185, (Boards, Commissions, and Committees—Army 
Board for Correction of Military Records), provides Department of the Army policy, 
criteria, and administrative instructions regarding an applicant’s request for correction of 
a military record. Paragraph 2-9 states the ABCMR begins its consideration of each 
case with the presumption of administrative regularity. The applicant has the burden of 
proving an error or injustice by a preponderance of the evidence.

3.	AR 635-5, (Personnel Separations—Administrative Separation Procedures and 
Forms), in effect at the time, established uniform administrative procedures and forms to 
be used in conjunction with relief from active duty or complete separation from military 
service. Instructions for the preparation of DD Form 214 directed entry of the rank and 
grade in which serving at the time of separation along with indicating whether 
permanent or temporary.

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